Professor Mark Kubisch's Law Review Article Featured in "Pension Funds Cannot Compel Speech Through ESG Investments" -- National Review

Professor Mark Kubisch's law review article, "ESG, Public Pensions, and Compelled Speech," 11 TEX. A&M L. REV.  71 (2023) (SSRN), is featured in the National Review article, "Pension Funds Cannot Compel Speech Through ESG Investments." The National Review article,  written by Allen Mendenhall, an associate dean and Grady Rosier professor in the Sorrell College of Business at Troy University, and Siri Terjesen, an associate dean and Phil Smith professor in the College of Business at Florida Atlantic University, argues that investing by public pension funds in Environmental, Social, and Governance (ESG) compels the speech of pensioners whose personal beliefs may not align with ESG goals and values.

Excerpt from "Pension Funds Cannot Compel Speech Through ESG Investments"

Enter Mark Kubisch, a professor at Pepperdine’s Caruso School of Law. His recent journal article argues that the Supreme Court’s stance on compelled speech in Janus might render public pension funds’ ESG investments unconstitutional. 

Why? Because forcing state employees to contribute to these pension funds, which then use the employees’ money to support ESG causes, effectively compels their speech. This government arrangement requires public employees to financially endorse the speech of investment managers who decide on ESG investments, thereby violating their First Amendment rights. 

The complete article may be found at National Review